The Gibson plaintiffs claimed that eXp negotiated the agreement with the Hooper plaintiffs after conducting prolonged, unsuccessful settlement negotiations with Intervenor Plaintiff counsel, conducting a reverse auction in an attempt to gain a sweetheart deal.
Costa's then-manager told him that ServiceNow would not pay this commission because the Sales Compensation Department had concluded that Costa had 'overachieved to a degree that was outside normal' in relation to his sales quota. In other words, ServiceNow believed Costa had made too much money, notwithstanding that his commission was only a small percentage of the revenue recognized and received by ServiceNow.
In their motion to intervene, the Batton plaintiffs claim that Anywhere picked the most ineffectual class lawyers to negotiate a settlement with in the hope that the district court will approve a weak settlement that will preclude other claims against the defendant. The questionable settlement amount here further underscores Plaintiffs' counsel's inadequate representation of homebuyer claims against Anywhere.
In the filing, Dupuis claims that under the Preferred Agent program, the fee an agent pays to Zillow varies depending on the sales price of the home, with fees running up to 40% of the agent's commission. She claims that this is above the typical referral fee of 25%. According to Dupuis, agents are willing to pay these fees as Zillow leads are an essential source of business for many.
During the fourth quarter of 2025, residential revenue was up 8% annually to $428 million, mortgage revenue rose 39% on a yearly basis to $57 million and the rentals sector recorded a 45% year-over-year increase in revenue. For the full year 2025, the residential sector generated $1.704 billion in revenue, up 7% annually, while the mortgage operation generated $199 million in revenue, up 37% compared to the year prior.